Back Pay Of 12 Months For Labor Claims Deemed Constitutional By Supreme Court - Employment and HR - Mexico Law Articles in English - Mondaq Business Briefing - Books and Journals - VLEX 637186257

Back Pay Of 12 Months For Labor Claims Deemed Constitutional By Supreme Court

Author:Mr Jorge De Presno and Alvaro Gonzalez Schiaffino
Profession:Basham, Ringe y Correa, S.C.
 
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This was made after reviewing two opposing resolutions issued by two different Circuit Courts, namely the resolutions issued by the 16th Labor Court of the First Circuit and the 1st Labor Court of the Nineteenth Circuit.

This resolution is aimed to avoid unjustified delaying or blocking of labor proceedings.

The ruling by the Supreme Court confirms the legality of the 2012 reform to Article 48 of Mexican Labor Law, in the sense that failure to provide hard evidence of the dismissal would entitle the plaintiff to back pay capped to 12 months starting from the date of the dismissal.

If the proceeding has not concluded or if the Labor Board ruling has not been complied with after the 12 month cap, an interest at...

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